California, United States of America
The following excerpt is from People v. Wilcox, 2d Crim. No. B272456 (Cal. App. 2017):
"Noneconomic damages are 'subjective, non-monetary losses including, but not limited to, pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, injury to reputation and humiliation.'" (People v. Smith (2011) 198 Cal.App.4th 415, 431.) "Unlike restitution for economic loss, . . . loss for noneconomic loss is subjectively quantified." (Id. at p. 436.) "'No fixed standard exists for deciding the amount of these damages.'" (Ibid.) "'As a result, all presumptions are in favor of the decision of the trial court.'" (Ibid.) "We therefore affirm a restitution order for noneconomic damages that does not, at first blush, shock the conscience or suggest passion, prejudice or corruption on the part of the trial court." (Ibid.)
"Restitution hearings are intended to be informal." (People v. Weatherton (2015) 238 Cal.App.4th 676, 684.) "'"'Section 1202.4 does not, by its terms, require any particular kind of proof.
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